I'm hoping that one or more of you have dealt with this before...

Defendant was convicted of Criminal Solicitation to Commit Capital Murder in April 2006 and did not appeal. During the solicitation, Defendant gave the S.O.'s confidential informant $1,000 cash to commit the murder. This cash was taken as evidence, kept in the S.O. evidence room until trial, and admitted into evidence at trial. Now, Defendant has filed a Motion to Release, requesting that the cash be released from the Court's evidence to him. He argues that since the State did not initiate a seizure of the cash, therefore, he should get it back. We, of course, would like the cash released to us so that we can initiate a seizure suit.

The Judge has asked us to submit authority that directs him to do one or the other, and I can't find any.

Any ideas or authority that you all know of? Any help would be greatly appreciated.

If he has not yet paid his final and unappealed fine, you have some lovely options. Give me a call.

A.D.
817.884.1233

Thanks!